Thread by @DirkSchwenk

There's a lot of talk of a "soft-25th" around the question of how the DCGuard was ordered to respond, despite the fact that Trump did not give the order. There may be another basis for Pence's taking command. Military law.

https://twitter.com/DirkSchwenk/status/1484379490369241094

A quick disclaimer - military law is NOT my area of practice, so I'm just reading stuff on the internet like a normie. I'm starting with Navy regs, because that's the first thing I found. secnav.navy.mil/doni/US%20Navy…

The regs provide for the possibility that a junior officer can relieve a commanding officer in "most unusual and extraordinary circumstances."

As between Pence, Milley and Acting SECDEF Miller, I believe Miller is the person just below Trump in the chain of command. I have no idea (no one does, this is unprecedented stuff if it even occurred) what would happen if Miller declared Trump unfit for duty.

Would that make Miller the CiC for the DC National Guard? Or Pence? Maybe they covered their bases by having both in on the decision, along with the leaders of Congress.

https://twitter.com/DirkSchwenk/status/1484381768761286657?s=20

(As an aside, the list of Pelosi, Schumer, McConnell has a glaring hole in it. kevinmccarthy.house.gov.)

If this is what occurred (SECDEF, Pence, Pelosi, McConnell, Milley declared Trump unfit for duty), then the standard of review of the decision is something like this:

For those of us who've read a lot of Aubrey/Maturin and Hornblower books (or Mutiny on the Bounty) (@ewbarnard) this is a familiar dilemma. If you get it right, OK, but if you get it wrong ... yardarm. This is an amazing moment in history

The rest of the standards by which such a decision are measured: careful consideration; reasonable and prudent; and YOU BETTER BE RIGHT.

They're all in this together (with all of us, the American people).

One of the other aspects (at least in the Navy regs, but I would imagine there are analogs in the Army) is the duty to make a definite report. I think I speak for everyone in saying ... I hope there's a report.